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Jurisdiction to award damages for online infringement of “personality rights” clarified

McDermott Will & Emery
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European Union
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November 29 2011

The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused

Further CJEU guidance on keyword advertising and trade mark infringement

McDermott Will & Emery
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European Union, United Kingdom
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November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

Privacy and the cloud: an EU perspective

McDermott Will & Emery
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European Union
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February 29 2012

By using cloud computing, companies cut costs by outsourcing data storage tasks, which means they no longer have to maintain expensive servers

How the cookie crumbles: a clash of cultures on cookie regulation

McDermott Will & Emery
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European Union
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November 3 2011

The Article 29 Working Party has met with Internet Advertising Bureau (IAB) Europe and European Advertising Standards Alliance (EASA) representatives to tell them in no uncertain terms that their otherwise well-received Best Practice Recommendation (BPR) and Framework on Online Behavioural Advertising (OBA) does not comply with the revised e-Privacy Directive provisions on cookies

Court of Justice of the European Union provides ruling on keyword jurisdiction

McDermott Will & Emery
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European Union
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April 30 2012

The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment

Social networking sites could do more to protect minors’ privacy

McDermott Will & Emery
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European Union
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November 29 2011

On 30 September 2011, the European Commission published a Report on an Assessment of the Implementation of the Safer Social Networking Principles for the EU

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Firm Name - McDermott Will & Emery
Author - Hiroshi Sheraton
Author - Rohan Massey
Author - Boris Uphoff
Jurisdiction - European Union
Workarea - Internet